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Home My WebLink About20201814 Ver 1_Approval Letter_20210312ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANI£L SMITH Director NORTH CAROLINA Environmental Quality March 12, 2021 DWR# 20-1814 Mecklenburg County Mr. Daniel Senden WBS Retail Partners, LLC 474 Wando Park Blvd. Mt. Pleasant, SC 29464 Delivered via email to doniel(@wbsretail.com Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Prosperity Ridge Road Extension Project Dear Mr. Senden: You have our approval for the impacts listed below for the purpose described in your application November 25, 2020, submitted to the Division of Water Resources (Division) January 4, 2021, and payment received on January 28, 2021, with subsequent information on February 23, 2021. The Division has determined that the proposed project and impact will comply with water quality requirements covered by the attached Water Quality General Certification Number 4135 and the conditions listed below, provided that you adhere to the certification located at https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting- branch/general and the conditions listed below. This certification is associated with the use of General Permit Number 14 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved Temporary Impact Amount Approved Permanent Impact Stream 0 linear ft. 76 linear ft. Wetland 0 acres 0 acres This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. D E Qom, _ North Carolina Department of Environmental Quality I Division of Water Resources wJ�}/� Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 N11H fH (:A�i(1!.INA � 0O'tore'wml talQ"I 704,663.1699 If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional conditions itemized below, you must notify the Mooresville Regional Office within 24 hours Additional conditions: The perennial stream identified as (a) 2 on the delineation and as S1 on the application's stream table shall be monitored for a period of two years, following completion of the project. Monitoring shall be conducted 50 ft. downstream of the endpoint of the fill associated with the proposed Prosperity Road Extension with additional monitoring points at 150 ft. and at the downstream end at the property boundary to ensure that upstream fill of the watershed does not result in a secondary/cumulative impacts (loss of flow/stream). Qualitative monitoring, such as photos and other observable descriptive facts are suitable: a) Prior to construction, at least two monthly monitoring events shall occur to provide a baseline. Existing photos may also be included, but not to exclude the aforementioned monitoring events. b) Upon substantial completion of the project (paving complete, runoff is utilizing the storm water system) monitoring may begin and shall occur in the suggested time frame: November, January, March, May. c) Monitoring shall not occur within 72 hours of a rain event. This information shall be submitted to the Mooresville Regional Office. [15A NCAC 02B .0211, 15A NCAC 02H .0506] Justification: The entirety of the watershed that feeds this stream is being filled and covered with impervious built upon area. Rain events are diverted to stormwater BMPs, which circumvents infiltration and groundwater discharge to the stream. This has the potential to impact downstream of the proposed area of impact resulting in additional loss of aquatic habitat. 2. Diversion Ditches and other storm water conveyances as related to the sediment and erosion control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This includes interior/exterior slopes of sediment basins. [15A NCAC 02H .0506 (b)(3) and (c)(3)] 3. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted. [15A NCAC 02H .0506 (b)(1) andl5A NCAC 02H .502 (c)] Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 4. Stormwater discharge structures at this site shall be constructed in a manner such that the potential receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. [15A NCAC 02B .0203] Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 One (1) copy of the petition must also be served on DEQ as follows: Mr. Bill Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699. Sincerely, EA DocuSigned by: 444tw H P441" for F161FB69A2D84A3... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachments cc: Army Corps of Engineers, Charlotte, email Brandon Fulton, Engineering Consulting Services Southeast, LLC, bfulton(O-)-ecslimited.com DWR 401 & Buffer Permitting Branch file MRO, Land Quality CERTIFICATE OF COMPLETION NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final Date: I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date